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Toepel, M. G.; Kuehn, Hazel L. (ed.) / The Wisconsin Blue Book
(1956)
The Wisconsin Constitution, pp. [221]-[252]
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Page 225
WISCONSIN CONSTITUTION 225 PREAMBLE E, THE people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect gov- ernment, insure domestic tranquility and promote the general welfare, do establish this constitution. ARTICLE I DECLARATION OF RIGHTS Equality; inherent rights. Section 1. All men are born equally free and independent and have certain inherent rights; among these are life, lib- erty and the pursuit of happiness; to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. Slavery prohibited. Section 2. There shall be neither slavery, nor in- voluntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. Free speech; libel. Section 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no laws shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or in- dictments for libel, the truth may be given in evidence, and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. Right to assemble and petition. Section 4. The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged. Trial by jury. Section 5. The right of trial by jury shall remain in- violate, and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law. Provided, however, that the legislature may, from time to time, by statute provide that a valid ver- dict, in civil cases, may be based on the votes of a specified number of the jury, not less than five-sixths thereof. Excessive bail; cruel punishments. Section 6. Excessive bail shall not be required, nor shall excessive fines be imposed, nor cruel and unusual punishments inflicted. Rights of accused. Section 7. In all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf; and in prosecutions by indictment, or informa- tion, to a speedy public trial by an impartial jury of the county or dis- trict wherein the offense shall have been committed; which county or district shall have been previously ascertained by law. Prosecutions; second jeopardy; self-incrimination; bail; habeas corpus. Section 8. No person shall be held to answer for a criminal offense with- out due process of law, and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall, before convic- tion, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it. Remedy for wrongs. Section 9. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay, conformably to the laws.
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